The national Ministry of Social Rights, Consumer Affairs and the 2030 Agenda (Consumo) — not a Canary Islands regional body.

How large is the fine?

One million euros, which Consumo placed at the upper end of the possible penalty range.

What was the disputed fee for?

For "processing" a traffic fine a renter received during the rental period — between €33.88 and €45.

Why is it considered abusive?

Communicating the driver's identity to the authorities is a legal duty of the owner. The customer should not pay extra for it.

Was there an earlier ruling?

Yes. A court in Vitoria-Gasteiz declared the same clause abusive on 22 September 2020.

CANARY ISLANDS · CONSUMER

Avis fined €1 million over abusive car-hire fee

The car-rental company Avis has been fined one million euros. Spain's Ministry of Social Rights, Consumer Affairs and the 2030 Agenda (Ministerio de Derechos Sociales, Consumo y Agenda 2030) sanctioned the firm for charging renters a separate fee whenever they received a traffic fine while the car was hired.

23 August 2026 · By Julia Roca Bethencourt · 6 min

Photo: skinnylawyer from Los Angeles, California, USA, CC BY-SA 2.0 (Symbolbild).

According to the national consumer-affairs authority and reporting by La Voz de Lanzarote, it is one of the largest single penalties of its kind. The case matters for the Canary Islands, where hire cars are central to the tourism economy.

What Avis charged customers

When a renter received a traffic fine during the rental period, Avis added a "processing" (gestión) fee, according to the consumer authority. Depending on the case, the charge ranged from €33.88 to €45.

Officially, the fee was said to cover the "management of the administrative penalty" — forwarding the paperwork and communicating the driver's identity to the authorities. Yet that communication is a legal obligation of the vehicle's registered owner.

Why the clause is deemed abusive

The authority classified the contract clause as abusive: it makes the consumer pay for what is in reality the company's own legal obligation. "An additional cost cannot be passed on to customers for a procedure that the law imposes on the vehicle's owner," the ministry stated in its reasoning.

The charge was also described as disproportionate, upsetting the contractual balance to the consumer's detriment.

Very serious breach, with an aggravating factor

The infringement was classified as "very serious" (muy grave). The aggravating factor is that Avis persisted in a practice that had already been declared unlawful.

The First Instance Court No. 1 of Vitoria-Gasteiz (Juzgado de Primera Instancia nº 1 de Vitoria-Gasteiz) had already ruled the same clause abusive in a judgment dated 22 September 2020, ordering its removal.

Why it matters for the Canaries

On Gran Canaria, Tenerife, Lanzarote and Fuerteventura, countless holidaymakers and residents rent a car to get around. Extra fees buried in the small print therefore affect a very large group of consumers.

The ruling shows that car-hire contract terms are being scrutinised — and that consumers have rights against unlawful surcharges.

What affected renters can do

Anyone who paid such a processing fee in connection with a traffic fine can review their invoices and rental contract and keep the receipts.

If in doubt, it is worth contacting a municipal consumer office (Oficina Municipal de Información al Consumidor, OMIC) or the consumer service of the relevant island to check whether any refund could be claimed.

Tip: When you pick up a hire car, photograph the contract and the fee schedule. Keep every invoice — especially if both a traffic fine and an extra "gestión" fee appear. Clear, dated evidence makes a later complaint far easier.

Note: The penalty is administrative and can still be appealed; it does not automatically mean individual customers will get money back. Check each contract on its own terms and do not rely on blanket promises of refunds.

Key facts

Fine: €1,000,000 against Avis, imposed by the national consumer authority (Consumo).
Responsible body: Ministry of Social Rights, Consumer Affairs and the 2030 Agenda — a state authority, not a Canary Islands regional body.
Disputed fee: €33.88 to €45 for "processing" a traffic fine.
Classification: "very serious" breach, aggravated by persisting in a practice already declared unlawful.
Precedent: judgment of the Juzgado de Primera Instancia nº 1 de Vitoria-Gasteiz, 22 September 2020.

FAQ

Who fined Avis?: The national Ministry of Social Rights, Consumer Affairs and the 2030 Agenda (Consumo) — not a Canary Islands regional body.
How large is the fine?: One million euros, which Consumo placed at the upper end of the possible penalty range.
What was the disputed fee for?: For "processing" a traffic fine a renter received during the rental period — between €33.88 and €45.
Why is it considered abusive?: Communicating the driver's identity to the authorities is a legal duty of the owner. The customer should not pay extra for it.
Was there an earlier ruling?: Yes. A court in Vitoria-Gasteiz declared the same clause abusive on 22 September 2020.

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